THE CITY RECORD

THURSDAY, APRIL 7, 2016

PARKS REQUESTS BIDS TO OPERATE SIX MOBILE FOOD

CONCESSIONS AT THE BATTERY - Public Bid - PIN# CWB-2015C
- Due 4-18-16 at 11:00 A.M.
In accordance with Section 1-12 of the Concession Rules of the City of
New York, the New York City Department of Parks and Recreation
(NYCDPR) is issuing, as of the date of this notice, a Request for Bids
(RFB) for the operation of six (6) mobile food concessions within the
Battery, Manhattan.
Hard copies of the RFB can be obtained, at no cost between the hours
of 9:00 A.M. and 5:00 P.M., excluding weekends and holidays, at the
Revenue Division of NYCDPR, which is located at, 830 Fifth Avenue,
Room 407, New York, NY 10065.
The RFB is also available for download, commencing on Monday,
March 28, 2016 through Monday, April 18, 2016 on Parks website. To
download the RFB, visit www.nyc.gov/parks/businessopportunities,
click on the link for Concessions Opportunities at Parks and, after
logging in, click on the download link that appears adjacent to the
RFBs description.
For more information, contact Glenn Kaalund at (212) 360-1397 or via
email at Glenn.Kaalund@parks.nyc.gov. Thank you.
TELECOMMUNICATION DEVICE FOR THE DEAF (TDD)
(212) 504-4115
Use the following address unless otherwise specified in notice, to secure,
examine or submit bid/proposal documents, vendor pre-qualification
and other forms; specifications/blueprints; other information; and for
opening and reading of bids at date and time specified above.
Parks and Recreation, The Arsenal, 830 Fifth Avenue, Room 407, New
York, NY 10065. Glenn Kaalund (212) 360-1397; Fax: (212) 360-3434;
glenn.kaalund@parks.nyc.gov
m28-a8

1401

Project Process, pursuant to Section 3-11 of the Procurement Policy

Board Rules.
The draft contract is available for inspection at the New York City
Administration for Childrens Services, Office of Child Welfare Services,
150 William Street, 9th Floor, Borough of Manhattan, on business days
from April 7, 2016 through April 18, 2016, exclusive of holidays,
between the hours of 10:00 A.M. and 4:00 P.M. Please contact Mani
Jadunauth of the Office of Child Welfare Services Contracts at
(212) 676-7522 to arrange a visitation.
IN THE MATTER OF one (1) proposed contract between the
Administration for Childrens Services of the City of New York and the
contractor listed below, for the provision of Host Homes Wrap around
services for youth and families. The term of the contract will be from
approximately July 1, 2016 to June 30, 2019.
Contractor/Address

EPIN

Amount

Youth Advocate Programs, Inc.

2007 North Third Street,
Harrisburg, PA 17108

06816D0001002

$3,147,048.00

The proposed contractor has been selected by means of a Demonstration

Project Process, pursuant to Section 3-11 of the Procurement Policy
Board Rules.
The draft contract is available for inspection at the New York City
Administration for Childrens Services, Office of Child Welfare Services,
150 William Street, 9th Floor, Borough of Manhattan, on business days
from April 7, 2016 through April 18, 2016, exclusive of holidays,
between the hours of 10:00 A.M. and 4:00 P.M. Please contact Mani
Jadunauth of the Office of Child Welfare Services Contracts at
(212) 676-7522 to arrange a visitation.
a7
NOTICE IS HEREBY GIVEN that a Public Hearing will be held at
the Administration for Childrens Services, 150 William Street, 9th
Floor, Room 9J-2, Borough of Manhattan, on Monday, April 18, 2016
commencing at 10:00 A.M. on the following:

TRANSPORTATION
BRIDGES
AWARD

Construction Related Services

BRIDGE DIVING INSPECTION AND FATHOMETER SURVEY,

CITYWIDE - Request for Proposals - PIN# 84115MBBR877 - AMT:
$171,792.00 - TO: MG McLaren, PC, 100 Snake Hill Road, West Nyack,
NY 10994.
a7

IN THE MATTER OF one (1) proposed Negotiated Acquisition

Extension between the Administration for Childrens Services of the
City of New York and Vera Institute of Justice Inc. for Training,
Quality Improvement, and Curriculum Development Services. The
term of the contract will be from approximately, April 1, 2016 to March
31, 2017.
Contractor/Address

E-PIN #

1) Vera Institute of
06809P0002CNVN001
Justice Inc.
th
233 Broadway, 12 Floor
New York, NY 10279

Amount
$250,000.00

The proposed contractor has been selected by means of a Negotiated

Acquisition Extension, pursuant to Section 3-04 (b)(2)(iii) of the
Procurement Policy Board Rules.

CONTRACT AWARD HEARINGS

NOTE: INDIVIDUALS REQUESTING SIGN LANGUAGE
INTERPRETERS SHOULD CONTACT THE MAYORS
OFFICE OF CONTRACT SERVICES, PUBLIC HEARINGS
UNIT, 253 BROADWAY, 9TH FLOOR, NEW YORK, N.Y.
10007, (212) 788-7490, NO LATER THAN SEVEN (7)
BUSINESS DAYS PRIOR TO THE PUBLIC HEARING. TDD
USERS SHOULD CALL VERIZON RELAY SERVICES.

ADMINISTRATION FOR CHILDRENS SERVICES

A copy of the draft contract is available for inspection at the New York
City Administration for Childrens Services, 150 William Street, 9th
Floor, Borough of Manhattan, on business days from April 7, 2016
through April 18, 2016 exclusive of holidays, between the hours of
10:00 A.M. and 4:00 P.M. Please contact Alex Linetskiy of the Office of
Procurement, Administrative Contracts at (212) 341-3457 to arrange a
visitation.
a7

AGENCY RULES

PUBLIC HEARINGS

NOTICE IS HEREBY GIVEN that a Public Hearing will be held at

the Administration for Childrens Services, 150 William Street, 9th
Floor, Conference Room 9C-1, Borough of Manhattan, on April 18, 2016
commencing at 10:00 A.M. on the following:
IN THE MATTER OF one (1) proposed contract between the
Administration for Childrens Services of the City of New York and the
contractor listed below, for the provision of Host Home Services. The
term of the contract will be from approximately July 1, 2016 to June
30, 2019.
Contractor/Address

EPIN

Amount

The Childrens Aid Society

105 East 22nd Street, Suite 102
New York, NY 10010

06816D0001001

$4,347,040.50

The proposed contractor has been selected by means of a Demonstration

HEALTH AND MENTAL HYGIENE

NOTICE

Notice of Adoption of Chapter 8 (Cooling Towers)

of Title 24 of the Rules of the City of New York
In compliance with 1043(b) of the New York City Charter (the
Charter) and pursuant to the authority granted to the Department
by 556 and 1043 of said Charter, a notice of intention to add a new
Chapter 8 (Cooling Towers) to Title 24 of the Rules of the City of New
York was published in the City Record on December 3, 2015 and a

1402

THE CITY RECORD

public hearing was held on January 4, 2016. Eight persons testified at

the public hearing and 26 written comments were received, including
several from persons who testified at the hearing. In response to the
comments received, changes were made to the original proposal and
are discussed below.
Background

Statement of Basis and Purpose

Legionellosis is an illness that must be reported to the Department in

accordance with New York City Health Code 11.03 and State Sanitary
Code (SSC) 2.1 (found in Title 10 of NYCRR). The more serious
form of legionellosis is a pneumonia known as Legionnaires disease
(LD); a less serious form, Pontiac fever, is a flu-like illness. LD has a
case fatality rate of 5-30%. The US Centers for Disease Control and
Prevention (CDC) estimates that there are between 8,000 and 18,000
cases of LD in the United States annually, and that more than 10% of
cases are fatal.1
People are exposed to Legionella bacteria through the inhalation or
aspiration of aerosolized water (droplets or mist) that contain the
bacteria. Person-to-person transmission of Legionella has not been
demonstrated. Susceptible people at higher risk for LD include the
elderly, people who are immune compromised or have other medical
conditions, and heavy smokers. In New York City, there were 301
cases of LD in 2013 and 225 cases in 2014. Between 2000 and 2014
there were, on average, 165 confirmed cases a year with the number
of annual cases ranging from 44 to 301. Preliminary data indicate
there were 438 confirmed cases of LD diagnosed in New York
City residents in 2015. In July and August 2015, the Department
investigated an unusually large cluster of 133 cases of LD that
occurred in the Bronx and resulted in 16 deaths.2 The Department
determined that this outbreak was associated with aerosolized
Legionella bacteria emanating from one or more building cooling
towers to which susceptible persons were exposed. Responding to
the outbreak, the City Council and Mayor enacted Local Law 77 of
2015. At the same time, the State Public Health and Health Planning
Council (PHHPC) adopted a new Part 4 of the SSC on an emergency
basis, citing other instances of LD outbreaks and fatalities occurring
in other parts of the State that are believed to be associated with
cooling towers.3
Both Local Law 77 and the SSC 4.2(c) define a cooling tower as a
cooling tower, evaporative condenser or fluid cooler that is part of
a recirculated water system incorporated into a buildings cooling,
industrial process, refrigeration or energy production system. As the
PHHPCs Emergency Justification for Part 4 of the State Sanitary
Code, effective March 2, 2016, states:
Because water is part of the process of removing heat from a
building, these devices require biocideschemicals that kill or
inhibit bacteria (including Legionella)as means of controlling
bacterial overgrowth. Overgrowth may result in the normal mists
ejected from the tower having droplets containing Legionella.
Local Law 77 added a new Article 317 to Title 28 of the Administrative
Code that required owners of cooling towers to register them with the
Department of Buildings (DOB) by September 17, 2015. Towers must
be inspected, tested, cleaned and disinfected in accordance with new
Administrative Code 17-194.1 and rules adopted by the Department.
Owners and operators of cooling towers must annually certify to
DOB that their cooling towers have been inspected, tested, cleaned
and disinfected and that a maintenance program and plan has been
developed and implemented in accordance with Administrative Code
17-194.1. Statewide, including in New York City, owners of all cooling
towers must also comply with SSC Part 4, which includes registration
with and reporting to the State Department of Health.
This new Chapter of the Departments Rules sets forth specific
requirements for the operation and maintenance of cooling towers
in New York City that comply with and further those in Part 4 of the
SSC. The Chapters provisions that are equivalent to the SSC are
noted below. This Chapter is organized somewhat differently than
SSC Part 4; more terms are defined in this Chapter and more detailed
instructions for management and maintenance are provided than those
contained in SSC Part 4 to facilitate compliance with both the City and
State rules and requirements.

THURSDAY, APRIL 7, 2016

8-01 Scope and applicability: applicable to all owners and

operators of buildings and other premises that are equipped with
cooling towers.
8-02 Definitions: to facilitate compliance with and enforcement
of these rules, more terms are defined in this Chapter than in the
corresponding sections of either the Administrative Code or SSC
Part 4. Since the proposed rule was published for public comment, a
definition has been added for biocidal indicator, and the definition
of water quality parameters has been amended to delete total
dissolved solids (TDS) and oxidation reduction potential (ORP) as
parameters and add biocidal indicator as an additional parameter.
The term responsible person has also been redefined as someone who
is working under the guidance of a qualified person. This change was
made to clarify that the qualified person is not required to be the
direct supervisor of the responsible person.
8-03 Maintenance program and plan: the requirements of
this section exceed those of SSC Part 4, including specific routine
maintenance tasks; identification of persons responsible for various
functions; identifying system components; and establishing a system
risk management assessment to identify areas that may create
problems and lead to proliferation of Legionella bacteria. In response
to comments that the records of cooling tower operations and the
maintenance program and plan may not be kept at the cooling tower
itself, the Department has modified this requirement to allow the plan
to be kept in an adjacent location on the same campus, complex or
lot where the cooling tower is located. Section 8-07(a) has also been
amended to be consistent with this change.
8-04 Process control measures: this section establishes
requirements for routine monitoring, to be conducted at least weekly by
the responsible person, and for compliance inspections to be conducted
at least every 90 days by a qualified person. It specifies standards for
maintenance, cleaning, and parts replacement; and requires installation
of high efficiency drift eliminators in all new and retrofitted cooling
tower systems and in existing ones, where practicable. In response to
comments received since the proposed rule was published, subdivision
(a)(3) has been changed to require observations of wetted surfaces only
if this can be done without shutting down the cooling tower system.
Subdivision (c)(2) has been amended to require that alterations to
equipment be made in compliance with the current City Construction
Codes and that cleaning protocols and safety equipment be included in
the management program and plan.
8-05 Water treatment: this section specifies requirements for
automatic treatments, use of chemicals and biocides and monitoring
water quality characteristics/parameters, and establishes a schedule
for sampling for Legionella and other bacteria including requiring
additional sampling when certain events occur. This section also
mandates the use of certain qualified laboratories for analysis and
requires reporting levels of Legionella at a certain magnitude to the
Department within 24 hours of obtaining test results; and specifies
corrective actions for various levels of bacteria. Although the 2014
New York City Plumbing Code Appendix C authorizes use of rainwater
or recycled water as makeup water for cooling towers, it does not
require disinfection for Legionella bacteria before use. These rules
prohibit such use unless owners use additional control measures
approved by the Department that protect against cooling tower system
contamination since the Department believes that this water may
not meet public health standards and may tend to support microbial
growth. In response to comments received since the proposed rule
was published, provisions in subdivision (c) on biocide applications
and recordkeeping have been clarified, and a new requirement added
that any water treatment system that does not use any oxidizing
biocide must be approved by the Department. Subdivision (d) has
been amended to restrict (as opposed to completely prohibit) the use
of non-chemical water treatment to systems where effective chemical
treatment is also in place to control Legionella. In subdivision (f),
provisions have been added to clarify that continuous automated
monitoring is allowed in lieu of manual monitoring. The initially
published Table 1 of corrective actions has been split into two tables:
Table 8-1 indicates required actions when water samples are culture
positive for Legionella and Table 8-2 indicates the required actions for
heterotrophic and dip slide results for uncultured bacteria.

The new Chapter 8 includes the provisions outlined below. The

description also notes changes made to the original published proposal
in response to comments received.

8-06 System shutdown and start-up; commissioning new

cooling towers: this section sets forth requirements for pre-seasonal
cleaning and disinfection and for new cooling towers being placed into
use. In response to comments received since the proposed rule was
published, subdivision (c) has been amended to require pre-startup
inspection and Legionella sampling.

1 http://www.cdc.gov/legionella/fastfacts.html
http://www.cdc.gov/legionella/index.html
http://www.cdc.gov/legionella/about/treatment-complications.html

8-07 Records: this requires the maintenance of records of all

activities and that such records be made available for immediate
inspection by the Department at the premises where the cooling tower
is installed.

Chapter 8 contents and further changes

2 http://www.nyc.gov/html/doh/html/diseases/cdlegi.shtml
3 The States emergency rules originally were scheduled to expire
November 18, 2015 but have been reissued, and permanent rules
are expected.

8-08 Modification: authorizes the Commissioner to modify the

application of a provision of these rules where compliance imposes an
undue hardship and would not otherwise be required by law, provided
that the modification does not compromise public health concerns.

THURSDAY, APRIL 7, 2016

THE CITY RECORD

8-09 Penalties: establishes a schedule of penalties for initial and

subsequent violations within the limits set forth in Administrative
Code 17-194.1.
Statutory Authority
This amendment to Title 24 of the Rules of the City of New York
(RCNY) is promulgated pursuant to Local Law 77 of 2015, and
Sections 556 and 1043 of the New York City Charter (the Charter).
Section 556 of the Charter broadly authorizes the Department of
Health and Mental Hygiene (the Department) to regulate all
matters pertaining to the health of the City. Section 1043 grants the
Department rule-making authority. Local Law 77 of 2015, enacted
August 18, 2015, added a new 17-194.1 to the New York City
Administrative Code (Administrative Code) requiring owners of
buildings to clean and disinfect cooling towers and authorizing the
Department to adopt rules to implement these requirements. Many of
Local Law 77s substantive provisions for inspection and disinfection
become effective upon the promulgation of these Department rules.
The rule is as follows:
Underlined matter is new.
Shall and must denote mandatory requirements and may be used
interchangeably in the rules of this Department, unless otherwise
specified or unless the context clearly indicates otherwise.
Section 1. Title 24 of the Rules of the City of New York is amended
by adding a new Chapter 8 (Cooling Towers) to read as follows:
CHAPTER 8
COOLING TOWERS
8-01 Scope and applicability.
8-02 Definitions.
8-03 Maintenance program and plan.
8-04 Process control measures.
8-05 Water treatment.
8-06 System shutdown and start-up; commissioning and
decommissioning cooling towers.
8-07 Records.
8-08 Modification.
8-09 Penalties.
8-01 Scope and applicability. This Chapter applies to owners
of New York City buildings or other premises in the City that are
equipped with a cooling tower system.
8-02 Definitions. When used in this Chapter, the following terms
mean:
ANSI/ASHRAE 188-2015 means Sections 5, 6 and 7.2 of ANSI/
ASHRAE Standard 188-2015 Legionellosis: Risk Management for
Building Water Systems, a publication issued by the American
National Standards Institute (ANSI)/American Society of Heating,
Refrigeration and Air-Conditioning Engineers (ASHRAE), final
approval date June 26, 2015, at pages 4-8.
Bacteriological indicator means a biological process control indicator
that estimates microbial content in the circulating water of a cooling
tower system, such as heterotrophic plate count (HPC) as measured in
a water sample or by a dip slide.
Biocidal indicator means a direct or indirect measure of the
effectiveness of biocide, consisting of free halogen residual
concentration or oxidation reduction potential (ORP), as specified in
the management program and plan.
Building means any structure used or intended for supporting or
sheltering any use or occupancy. The term shall be construed as if
followed by the phrase structure, premises, lot or part thereof unless
otherwise indicated by the text.
Cleaning means physical, mechanical or other removal of biofilm,
scale, debris, rust, other corrosion products, sludge, algae and other
potential sources of contamination.
Cooling tower means a cooling tower, evaporative condenser or
fluid cooler that is part of a recirculated water system incorporated
into a buildings cooling, industrial process, refrigeration, or energy
production system.
Cooling tower system means one or more cooling towers and all of
the recirculating water system components, process instruments and
appurtenances through which water flows or comes into contact with
key parts consisting of biocide, anti-scaling and anti-corrosion chemical
applicators, valves, pumps, the tower superstructure, condensers and
heat exchangers and other related components. The cooling tower
system may comprise multiple cooling towers that share some or all
superstructure components.
Corrective actions mean disinfection, cleaning, flushing, and other
activities to remedy biofilm growth, Legionella proliferation, or
other system mechanical problems identified through monitoring,
inspections, or other means as may be determined by the Department.
Compliance inspection means the inspection, testing and other
activities that are required on a regular basis (at least every 90 days)
in accordance with the maintenance program and plan and this
Chapter, including the completion of a written or electronic checklist,
and must be conducted and certified by a qualified person.

1403

Dead legs mean lengths of pipe normally closed at one end or

ending in a fitting within the cooling tower system that limits water
circulation and is likely to result in stagnant water in the system.
Department means the New York City Department of Health and
Mental Hygiene.
Dip slide means a method to test for microorganisms (such as HPC)
consisting of a sterile culture medium affixed to a sterile slide, that is
dipped directly into the liquid that is to be sampled.
Disinfection means using one or more of the biocides registered with
the New York State Department of Environmental Conservation at a
defined concentration, under specific conditions and for an established
period that will kill or inactivate pathogenic microorganisms.
Drift eliminator means a system of baffles or cells that cause
separation of entrained water designed to remove aerosols from cooling
tower exhaust.
Heterotrophic plate count or HPC means a measure of the
concentration of microorganisms that require an external source of
organic carbon for growth including bacteria, yeasts and mold in water
samples.
Idling means turning off or limiting water circulation within the
cooling tower system but not draining the system water.
Immediate or immediately means within 24 hours when used in
regards to (i) actions required to be taken under this Chapter, or (ii)
incidents or results required to be reported under this Chapter, or (iii)
records required to be made available to the Department under this
Chapter.
Legionella means the genus of bacteria which is ubiquitous in
aqueous environments, including the recirculated water of cooling
tower systems that are not properly or regularly maintained. There
are more than 50 different species of Legionella, all of which are
potentially pathogenic.
Legionella sample means water or other sample to be examined
for the presence of viable Legionella bacteria using semiselective
culture media and procedures specific to the cultivation and detection
of Legionella species, such as those outlined in International
Organization for Standardization (ISO) Standards 11731-1:1998 and
11731-2:2004.
Maintenance program and plan or plan means a written set of
measures describing monitoring, cleaning, disinfection and all other
activities for the prevention and control of Legionella growth in a
cooling tower system, that is in accordance with Section 5, 6 and 7.2
of ANSI/ASHRAE 188-2015 and with the manufacturers instructions,
and is developed by a qualified person.
Makeup water means water added to the cooling tower system on a
regular basis to replace water lost by evaporation, drift or leakage and
to maintain optimal system operation and process control.
Management and maintenance team means the individual or
individuals designated by a building owner to be responsible for the
continued effective and safe operation of a cooling tower system.
Owner means any person, agent, firm, partnership, corporation or
other legal entity having a legal or equitable interest in, or control of
the premises.
Process control measures mean actions that must be taken to
evaluate internal functioning of the cooling tower system, including
monitoring conductivity, pH, biological indicators and other
parameters, and observing phenomenon such as scaling, corrosion and
biofilm.
Qualified person means a New York State licensed and registered
professional engineer; a certified industrial hygienist; a certified water
technologist with training and experience developing management
plans and performing inspections in accordance with current standard
industry protocols including, but not limited to ANSI/ASHRAE 1882015; or an environmental consultant who has at least two (2) years of
operational experience in water management planning and operation.
Responsible person means a person employed or whose services
are retained by an owner, who understands and is capable of
performing the required daily water quality measurements, weekly
system monitoring and operation and maintenance of a cooling tower
system in accordance with the maintenance program and plan, and
making recommendations for diagnosing anomalous conditions that
require corrective actions, under the guidance of a qualified person.
The responsible person should be capable of measuring water pH,
temperature and disinfectant residual levels at proper locations/
frequencies; checking biocide storage container levels; recording dates,
amounts and times of biocide injection; and logging all other relevant
data and comments.
Risk management assessment means a process for comprehensively
identifying, describing and evaluating in detail all aspects of a cooling
tower system that may potentially contribute to the growth and
dissemination of Legionella bacteria.
Routine monitoring means evaluation and other activities that must
be completed periodically in accordance with the maintenance program
and plan and this Chapter.
Stagnant water means water that is confined, standing, experiencing
a period of low flow or usage, and not being actively circulated through
the cooling tower system.
Standard methods means accepted protocols for sampling, recording,
laboratory testing, reporting and other procedures related to
environmental and water quality sampling, including, but not limited

1404

THE CITY RECORD

to, those set forth in Standard Methods for the Examination of Water
and Wastewater 22nd Edition, 2012, a publication issued jointly by
the American Public Health Association, the American Water Works
Association and the Water Environment Federation and the Standards
Microbiological Methods (TC 147/SC4) published by the International
Organization for Standardization, or successor editions.
System shutdown means shutting off or closing and draining the
cooling tower system when cooling is no longer needed.
System start-up means commissioning a new system, or putting the
cooling tower system into operation after system shutdown or idling.
Water quality parameters means temperature, pH, conductivity,
biocidal indicator, bacteriological indicator and other chemical and
physical indicators of system process control.
8-03 Maintenance program and plan. For each cooling tower
system the owner must have a maintenance program and plan
prepared by a qualified person in accordance with Sections 5, 6 and
7.2 of ANSI/ASHRAE 188-2015, the manufacturers instructions, and
the requirements of this Chapter. The plan must be kept current and
amended by a responsible or qualified person as needed to reflect any
changes in the management and maintenance team, system design,
operation or system control requirements for the cooling tower system.
The plan must be kept in the building where a cooling tower or cooling
tower system is located, or in an adjacent building or structure on the
same campus, complex, lot, mall or on-site central engineering division,
and must be made available to the Department for inspection upon
and at the time of a request. At a minimum, the plan must include and
describe:
(a) Management and maintenance team. Identification, including
names and contact information (mail and email addresses and
telephone numbers) and description of the function of each person
on the cooling tower system management and maintenance team,
including:
(1) The owner of the building where each cooling tower system is
located and any manager or other person designated by the owner as
responsible for compliance with the requirements of Administrative
Code 17-194.1 and this Chapter.
(2) Any person designated by the owner as a responsible person,
as defined in 8-02 of this Chapter.
(3) Every consultant, service company and qualified person who
cleans, disinfects, delivers chemicals or services the cooling tower
system.
(b) Cooling tower system. Identification, specifications and description
of each cooling tower system and all components located at a specific
address, including:
(1) The number of cooling towers in the cooling tower system.
(2) The location of each cooling tower in relation to the building
and the building address, block and lot number.
(3) The dimensions and characteristics of the cooling tower system
including total recirculating water volume, cooling tower tonnage,
biocide delivery method, flow rate and other key characteristics.
(4) The purpose of the cooling tower system and seasonal or yearround operation including start and end date, if applicable. For systems
with multiple cooling towers, conditional operation, such as cycling or
scaling related to cooling demand, must also be noted.
(5) The New York City Department of Buildings registration
number for each cooling tower.
(6) The cooling tower manufacturer, model number and serial
number, if applicable.
(7) A flow diagram or schematic of the cooling tower system,
identifying all of the principal components and appurtenances of
the cooling tower system including makeup water and waste stream
plumbing locations.
(c) Risk management assessment. The assessment must identify risk
factors for Legionella proliferation and specify risk management
procedures for all or parts of each cooling tower system, and
anticipated conditions including:
(1) Any dead legs or stagnant water in the recirculation system.
(2) Operating configurations and conditions that may occur
after periods of extended inactivity lasting more than three (3) days,
including idling or low circulation while not being fully drained.
(3) System parts that require continual operation throughout the
year making regular, periodic offline cleaning and disinfection difficult.
(4) Any components that may add additional risk factors for
organic material buildup and microbial growth such as strainers and
out-of-use filters.
(5) Sources of elevated organic contamination, including, but not
limited to windblown debris, bird waste and plant material.
(6) Design configurations that present risk of direct sun exposure
on basin, deck or fill.
(7) Ventilation intakes or other routes for human exposure to
cooling tower aerosols.
(8) System components adversely affecting water quality
management procedures.
(9) Other risk or limiting factors or constraints in the cooling
tower systems design and functioning.
(d) Cooling tower operation
(1) Control measures, corrective actions, documentation,
including a written checklist for routine monitoring, and reporting
that comply with Sections 8-04 through 8-08 of this Chapter and any

THURSDAY, APRIL 7, 2016

routine maintenance activities recommended by the manufacturers

instructions, including performance measures, which may sufficiently
demonstrate adequate implementation of the operation requirements
described in the maintenance program and plan. Where there is a
conflict between the requirements of this Chapter, Part 4 of the State
Sanitary Code, Section 17-194.1 of the Administrative Code, and the
manufacturers instructions, the maintenance program and plan must
reflect the most stringent requirement.
(2) Specific, detailed seasonal and temporary shutdown and startup procedures.
(3) Notification and communication strategies among
management and maintenance team members regarding the required
corrective actions in response to process control activities, monitoring,
sampling results and other actions taken to maintain the cooling tower
system.
8-04 Process control measures.
(a) Routine system monitoring. An owner must designate a responsible
person as defined in 8-02 of this Chapter to monitor each cooling
tower system at least weekly while such system is in use.
(1) The responsible person must enter on a written or electronic
checklist provided and maintained by the owner all visual observations
of the cooling tower system and associated equipment.
(2) The responsible person must possess the skills and have
the knowledge necessary to be able to monitor the system under the
guidance of a qualified person, in accordance with the management
program and plan.
(3) All wetted surfaces visible during cooling tower operation
without shutting down the system, tower basins and drift eliminators
must be observed during monitoring and the presence of organic
material, biofilm, algae, scale, sediment and silt/dust deposits, organics
(oil and grease), and other visible contaminants observed must be
noted on the checklist.
(4) The responsible person must observe and note the condition
of chemical dosing and control equipment and the bleed-off system,
and determine if there is sufficient storage and delivery of treatment
chemicals.
(5) Any system anomalies or problems must be recorded on the
checklist and reported to the management and maintenance team for
immediate corrective action.
(b) Compliance inspections. An owner must retain a qualified person
to conduct a compliance inspection at least once every ninety (90)
days while a cooling tower system is in operation. The qualified person
must complete and the owner must maintain a written or electronic
checklist containing observations and findings with respect to any of
the following:
(1) Presence of organic material, biofilm, algae, and other visible
contaminants.
(2) General condition of the tower, the basin, packing material and
drift eliminator.
(3) Quality of water makeup connections and control.
(4) Proper functioning of the conductivity control.
(5) Proper functioning of all dosing equipment (pumps, strain
gauges).
(6) Review of routine maintenance records to ensure proper
implementation of required activities and corrective actions as needed.
(c) Maintenance.
(1) Routine maintenance. Cooling tower systems must be
maintained and operated in accordance with the maintenance program
and plan. Routine maintenance must address all components and
operations, including, but not limited to, general system cleanliness,
drift eliminator and fill material condition, overall distribution
operation, water treatment system, basin/remote sump cleaning, and
purging of stagnant and low-flow zones.
(2) Replacement in kind. Any replacement part or equipment
used in a cooling tower must comply with the manufacturers design
and performance specifications. As applicable, replacement materials
must be corrosion resistant and effectively prevent the penetration of
sunlight. Any alteration or replacement of a cooling tower system must
comply with the New York City Construction Codes
(d) Cleaning. The cooling tower system must be cleaned whenever
routine monitoring indicates a need for cleaning, but no less than
twice a year, in accordance with the maintenance program and plan.
Cleaning protocol indicated by the manufacturers instructions or
industry standards, and worker protective measures, as required by
applicable law must be specified in the maintenance program and
plan. Water contact areas such as the basin, sump, fill, spray nozzles
and fittings, drift eliminators and air intake louvres must be properly
accessed or removed to facilitate cleaning.
(e) Aerosol and mist control. The cooling tower system must be
operated at all times to minimize the formation and release of aerosols
and mist. Owners must install and maintain drift eliminators in
accordance with the manufacturers specifications and the New
York City Construction Codes. The calculated drift loss at maximum
design water circulation must not exceed the manufacturers tested
value for maximum drift loss. Counter-flow cooling towers must
achieve a reduction of drift loss to no more than 0.002% percent of the
recirculated water volume; cross-flow cooling towers must achieve a
reduction of drift loss to no more than 0.005% of the recirculated water
volume.

THURSDAY, APRIL 7, 2016

THE CITY RECORD

8-05 Water treatment. Prior to changing an existing chemical

treatment system or introducing a new chemical treatment agent,
cooling tower design, installation, operation, and maintenance must
be evaluated by a qualified person to ensure compatibility between the
chemicals and the cooling tower systems materials, and to minimize
microbial growth and the release of aerosols. The evaluation must
describe the optimum level of chemicals to achieve the desired result in
a manner which can be used as a system performance measure.
(a) Daily automatic treatment while in operation. Water in a cooling
tower system must be treated at least once a day when the system
is in operation and such treatment must be automated, unless the
maintenance program and plan explicitly states how manual or less
frequent biocide additions will provide effective control of Legionella
growth.
(b) Recirculating system. A cooling tower system must be operated
and programmed to continually recirculate the water irrespective of
the buildings cooling demand of the system, unless the maintenance
program and plan specifies in detail how the intended water
treatment schedule will be carried out, and how effective biofilm and
microorganism control will be achieved when the whole or a part of the
system is idle during the scheduled chemical injection.
(c) Chemicals and biocides. Chemicals and biocides must be used
in quantities and combinations sufficient to control the presence of
Legionella, minimize biofilms, and prevent scaling and corrosion that
may facilitate microbial growth. Only New York State Department
of Environmental Conservation approved oxidizing chemicals may
be used as the primary biocide control. For systems where oxidizing
chemicals cannot be used as the primary biocide to control the presence
of Legionella building owners must submit an alternative plan for
effective bacteriological control for approval by the Department.
(1) Biocide applications. Any person who performs cleaning and
disinfection or applies biocides in a cooling tower system must be a
commercial pesticide applicator or a pesticide technician certified
in accordance with the requirements of Article 33 of the New York
State Environmental Conservation Law and 6 NYCRR Part 325, or a
pesticide apprentice under the supervision of a certified applicator.
(2) Registered biocides. Only biocide products registered with the
New York State Department of Environmental Conservation may be
used to meet the disinfection requirements of this Chapter.
(3) Records. Water treatment records must be kept for all
chemicals and biocides added, noting the purpose of their use, the
manufacturers name, the brand name, the safety data sheet, the date
and time of each addition, and the amount added each week.
(4) Chemical and biocide additions. Chemicals and biocides must
be added in accordance with this section and the procedures described
in the maintenance program and plan addressing, as applicable,
feeding mechanism, feeding location, frequency, set timer, duration,
triggering events, control procedures, and target biocide residuals.
Water treatment chemicals and biocides must be used in accordance
with the product label and manufacturers instructions.
(d) Non-chemical water treatment devices restricted. Only biocide
products registered with the New York State Department of
Environmental Conservation may be used to meet the disinfection
requirements of this Chapter. Non-chemical water treatment devices
that employ alternative technologies to control biological growth
may not be used in lieu of chemical biocide unless approved by the
Department. Non-chemical water treatment devices may be installed
as part of a cooling tower system as specified in the management
program and plan, provided that the required chemical water
treatment also being used adequately controls for Legionella.
(e) Makeup water. Owners using water derived from rainwater capture
or recycling water systems as a source of cooling tower system makeup
water must install a drift eliminator and test and treat water in
accordance with a specific alternative source water plan. This plan
is in addition to the maintenance program and plan required by 803 of this Chapter, and must be approved by the Department. The
alternative water source plan must include provisions for adequate
design of the treatment and control components and on-going
evaluation to eliminate any risk to public health.
(f) Water quality monitoring.
(1) Frequency. Water quality parameters, including but not limited
to pH, temperature, conductivity and biocidal indicators, must be
measured and recorded as specified in the management program and
plan as follows:
(A) Manual measurements. At least three times each week,
provided that no more than two days pass without such measurement
when the cooling tower system is operating.
(B) Continuous, automated and/or remote measurements.
When continuous, automated and/or remote measurements and
recordings are used, the management program and plan must show
how effective measurements of system process control are being
monitored. Automated measurements must be properly recorded
and results made immediately available to responsible and qualified
persons and to Department inspectors when requested.
(2) Minimum weekly biological process control indicators. A
bacteriological indicator to estimate microbial content of recirculating
water must be collected and interpreted in accordance with Table 8-2
at least once each week while the cooling tower system is operating.
Indicators must be taken at times and from water sampling points,

1405

as detailed in the maintenance program and plan, that will be

representative of water microbial content. Indicators may be taken at
any time from constant chemical treatment systems. Indicators from
systems that use intermittent biocide applications must be taken
before biocide application and reflect normal cooling tower operating
conditions.
(3) Legionella samples. Legionella culture testing must be
conducted no less frequently than every 90 days during cooling tower
system operation. A Legionella sample must be analyzed by a US
Centers for Disease Control and Prevention ELITE Program certified
laboratory, by the New York State Department of Health Wadsworth
Center or other laboratory approved by the Department. Test results of
all Legionella species at or above the magnitude of level 4 as indicated
in Table 8-1 must be reported to the Department within 24 hours of
receiving the test results. Additional emergency Legionella sampling
must be conducted if any of the following occur:
(A) Power failure of sufficient duration to allow for growth of
bacteria;
(B) Loss of biocide treatment sufficient to allow for growth of
bacteria;
(C) Failure of conductivity controls to maintain proper cycles
of concentration;
(D) At the request of the Department upon a determination
that one or more cases of legionellosis is or may be associated with the
cooling tower, based on epidemiological data or laboratory testing,
(E) Any time two consecutive bacteriological indicator sample
results are above Level 4 as indicated in Table 8-2; or
(F) Any other conditions specified by the Department.
(4) Monitoring and sampling locations. System monitoring and
sampling locations must be representative of the entire cooling tower
system. The system must be operating with water circulating in the
system for at least one hour prior to water quality measurements or
collection of samples.
(5) Water quality corrective actions. The maintenance program
and plan must identify the procedures, responsible parties, required
response time(s) and notification protocol for corrective actions
and must include, at a minimum, corrective actions that must be
implemented according to the result levels in Table 8-1 and Table 8-2.
Table 8-1. Corrective actions required for Legionella culture
results.
Level

Legionella
Culture Result1

Process Triggered by Legionella

Culture Results

<10 CFU/ml

Maintain water chemistry and biocide

levels.

2
10 CFU/ml to
<100 CFU/ml

Initiate immediate disinfection by

increasing biocide concentration or
using a different biocide within 24
hours: review treatment program;
and retest water within 3-7 days.
Subsequent test results must be
interpreted in accordance with this
Table until level 1 is reached.

100 CFU/ml to
<1000 CFU/ml

Initiate immediate disinfection by

increasing biocide concentration or
using a different biocide (within 24
hours), reviewing treatment program,
performing visual inspection to
evaluate need to perform cleaning
and further disinfection. Retest
water within 3-7 days. Subsequent
test results must be interpreted in
accordance with this Table until level
1 is reached.

1000 CFU/ml

Initiate immediate disinfection

by increasing biocides within 24
hours. Within 48 hours perform
full remediation of the tower by
hyperhalogenating2, draining, cleaning,
and flushing. Review treatment
program, retest water within 3-7
days. Subsequent test results must
be interpreted in accordance with
this Table until level 1 is reached.
For Legionella results at this level,
notify Department within 24 hours of
receiving test result.3

1. Performed by a CDC ELITE Laboratory, or NYSDOH Wadsworth

Laboratory, or another laboratory approved by the Department. Combine
all species of Legionella detected.
2. At a minimum, dose the cooling water system with 5 to 10 ppm Free
Halogen Residual for at least 1 hour; pH 7.0 to 7.6.
3. In a manner as specified on the Departments website.

1406

THE CITY RECORD

Table 8-2. Corrective actions required for bacteriological

indicator results.
Level

Heterotrophic
Plate Count1 and
Dip Slide Result

Process Triggered by Test

Results

<10,000 CFU/ml

Maintain water chemistry and

biocide levels.

2
10,000 CFU/ml to
<100,000 CFU/ml

Initiate immediate disinfection by

increasing biocide concentration or
using a different biocide within 24
hours, review treatment program,
retest water within 3-7 days.
Subsequent test results must be
interpreted in accordance with this
Table until level 1 is reached.

100,000 CFU/ml to
<1,000,000 CFU/ml

Initiate immediate disinfection by

increasing biocide concentration
or using a different biocide within
24 hours, reviewing treatment
program, performing visual
inspection to evaluate need to
perform cleaning and further
disinfection. Retest water within 3-7
days. Subsequent test results must
be interpreted in accordance with
this Table until level 1 is reached.

1,000,000 CFU/ml

Initiate immediate disinfection

by increasing biocides within 24
hours. Within 48 hours perform
remediation of the tower by
hyperhalogenating2, cleaning,
and flushing. Review treatment
program, retest water within 3-7
days. Subsequent test results must
be interpreted in accordance with
this Table until level 1 is reached.

1. Performed by an appropriately accredited Laboratory (e.g. NELAP, AALA).

2. At a minimum, dose the cooling water system with 5 to 10 ppm Free
Halogen Residual for at least 1 hour; pH 7.0 to 7.6.

8-06 System shutdown and start-up; commissioning and

decommissioning cooling towers.
(a) Full system shutdown. Procedures to shut a cooling tower system
must conform to the manufacturers recommendations. When shut
down, the system must be completely drained and protected from
offline contamination.
(b) Full system startup. At a minimum, before cooling tower system
start-up, an owner must clean and disinfect a cooling tower that has
been shut down or idle for more than five days, in accordance with 17194.1 of the Administrative Code. Cleaning and disinfection must be
done no later than 15 days before the first seasonal use of such tower.
The maintenance program and plan must include detailed seasonal
and idle period startup procedures that include, at a minimum:
(1) Either fully clean and disinfect, drain to waste and disinfect, or
sufficiently hyperhalogenate the recirculated water before startup; and
(2) Before the startup of a cooling tower system after an extended
shutdown of five or more days, collect samples for Legionella culture
and take actions required by Table 8-1 when results are received; and
(3) Before seasonal startup of a system that has been fully shut
down, perform a pre-startup inspection by a qualified person.
(c) Commissioning new cooling towers. Newly installed cooling tower
systems must be cleaned and disinfected prior to operation according to
this section and the maintenance program and plan, and be registered
with the Department of Buildings cooling tower registration system in
accordance with 28-317.3 of the Administrative Code.
(d) Removal or permanently discontinuing use of cooling towers. The owner
of a cooling tower must notify the Department of Buildings electronically
within 30 days after removing or permanently discontinuing use of a
cooling tower in accordance with 28-317.3.1 of the Administrative Code.
Such notice must include a statement that the cooling tower has been
drained and sanitized in accordance with this section.
8-07 Records.
(a) Records. An owner must keep for at least three (3) years in the
building where a cooling tower is located or in an adjacent building
or structure on the same campus, complex, lot, mall or on-site
central engineering division a record of any maintenance, inspection,
deficiency, corrective action, water treatment, test result, cleaning or
disinfection performed on the tower.
(b) Certification. The owner of a cooling tower must file an annual
certification each year as specified by the Department of Buildings,
indicating that such tower was inspected, tested, cleaned and
disinfected in accordance with the maintenance program and plan, as

THURSDAY, APRIL 7, 2016

required by 28-317.5 of the Administrative Code. The certification

must document any deviations from compliance with the maintenance
program and plan and the corrective actions taken to address any
deficiencies.
(c) Posting. The owner must post the Department of Buildings Cooling
Tower Registration Number that has been assigned to that cooling
tower on each cooling tower. The Registration Number must be posted
on a sign or plate that is securely fastened to the cooling tower in a
location that is conspicuously visible and must be constructed of a
durable, weather resistant material.
8-08 Modification. The Commissioner or designee may grant a
modification when strict application of any provision of this Chapter
presents practical difficulties or unusual hardships. The Commissioner
in a specific instance may modify the application of such provision
consistent with the general purpose of this Chapter and in compliance
with Administrative Code 17-194.1 and upon such conditions as, in his
or her opinion, are necessary to protect the health or safety of the public.
8-09 Penalties. The following penalties shall be imposed for sustained
initial and repeat violations. All penalties, except for those alleging a
violation of the State Sanitary Code, must be doubled if the respondent
fails to appear to answer such violation and is found in default.
Section of
Law

Description

Penalty:
First
violation

Repeat
violation(s)

24 RCNY
8-03

No maintenance
program and plan

$1000

$2000

24 RCNY
8-03

Maintenance program
and plan incomplete or
not on premises

$500

$1000

24 RCNY
8-04(a)

Routine monitoring not

conducted, documented
at least once a week
when tower is in use

$500

$1000

24 RCNY
8-04(b)

Compliance inspections
not conducted,
documented at least
once every 90 days
when the tower is in use

$500

$1000

24 RCNY
8-04(c)

Routine maintenance
according to
maintenance program
and plan not conducted
or documented

$500

$1000

24 RCNY
8-04(d)

Twice yearly or other

required cleaning
not conducted or
documented

$500

$1000

24 RCNY
8-04(e)

Aerosol control do not

meet manufacturers
design specifications
or drift loss reduction
requirements in new or
existing towers when
required

$1000

$2000

24 RCNY
8-05(a)

Daily automatic or
approved alternative
water treatment plan
not provided

$500

$1000

24 RCNY
8-05(b)

Cooling water system

not continually
recirculated and no
acceptable alternative

$500

$1000

24 RCNY
8-05(c)(1)

Use of an unqualified
biocide applicator

$500

$1000

24 RCNY
8-05(c)(2)

Use of an unregistered
biocide product

$500

$1000

24 RCNY
8-05(c)(3)

No records of all
chemicals and biocides
added

$500

$1000

24 RCNY
8-05(c)(4)

Sufficient quantities
and combinations of
chemicals not added
as specified in the
maintenance program
and plan

$500

$1000

THE CITY RECORD

THURSDAY, APRIL 7, 2016

1407

24 RCNY
8-05(d)

Using unacceptable
alternative nonchemical water
treatment device

$500

24 RCNY
8-05(e)

Use of captured
rainwater or recycled
water as makeup water
not in accordance with
approved alternative
water source plan

$1000

$2000

24 RCNY
8-05(f)(1)

Minimum daily water

quality measurements
not taken or recorded

$500

$1000

24 RCNY
8-05(f)(2)

Failure to collect,
analyze or record
weekly biological
process control
indicators

$500

$1000

24 RCNY
8-05(f)(3)

Legionella samples not

collected or analyzed,
or results not recorded
or reported to the
Department as required

$1000

$2000

In accordance with 24 CFR 91.105 of the U.S. Department of Housing

and Urban Development (HUD) Consolidated Plan regulations
regarding citizen participation, the Department of City Planning, along
with the agencies responsible for implementing the City of New Yorks
Consolidated Plan have scheduled a:

24 RCNY
8-05(f)(4)

Failure to monitor
and sample from
representative locations
and times

$500

$1000

24 RCNY
8-05(f)(5)

Required corrective
actions not taken based
on bacteriological
results

Public Hearing on the Formulation of the

Proposed 2017 Consolidated Plan: One-Year Action Plan.
Wednesday, April 20, 2016, 2:30 P.M. to 4:00 P.M.
Spector Hall, Department of City Planning, 22 Reade Street,
Manhattan

$1000

$2000

24 RCNY
8-06(a)

Improper or inadequate
shutdown procedures

$500

$1000

24 RCNY
8-06(b)(1)

Improper or inadequate
start-up procedures

$500

$1000

24 RCNY
8-06(b)(2)

Legionella samples
not collected, analyzed
before system start-up

$500

$1000

24 RCNY
8-06(c)

New cooling tower not

or inadequately cleaned
and disinfected prior to
operating

$500

$1000

24 RCNY
8-07(a)

Failure to document
all inspections,
logs, tests, cleaning,
and disinfection in
accordance with the
maintenance program
and plan

$500

$1000

24 RCNY
8-07(a)

Failure to retain
records for at least 3
years

$500

24 RCNY
8-07(a)

Required records not

kept at the cooling
tower premises

$500

$1000

24 RCNY
8-07(c)

Department of
Buildings Cooling
Tower Registration
Number not posted as
required

$500

$1000

24 RCNY
8-07(d)

Records not made

immediately available
to Department upon
request

$500

$1000

State
Sanitary
Code Part 4

Miscellaneous
provisions

$250

$250

$1000

SPECIAL MATERIALS

CITY PLANNING
NOTICE

FORMULATION of the PROPOSED 2017 CONSOLIDATED

PLAN ONE-YEAR ACTION PLAN
TO ALL INTERESTED AGENCIES, COMMUNITY BOARDS,
GROUPS, AND PERSONS:

The Proposed Consolidated Plan is required by the United States

Department of Housing and Urban Development (HUD). It
consolidates the statutory requirements of the Cranston-Gonzalez
Housing Acts Comprehensive Housing Affordability Strategy, and the
Citys annual application for the four HUD Office of Community
Planning and Developments entitlement programs: Community
Development Block Grant (CDBG), HOME Investment Partnership,
Emergency Solutions Grant (ESG), and Housing Opportunities for
Persons with AIDS (HOPWA).
The Proposed Action Plan serves not only as the Citys application for
the funds, but also as the HOPWA grant application for the New York
HOPWA Eligible Metropolitan Statistical Area (HOPWA EMSA). The
HOPWA EMSA is comprised of the five boroughs of the City of New
York plus three upstate New York counties (Westchester, Rockland and
Orange), as well as three counties in central New Jersey: Middlesex,
Monmouth and Ocean, respectively. The County of Westchester
administers the HOPWA funds for the cities of Mount Vernon, New
Rochelle, and Yonkers which are incorporated within its boundaries.
The Public Hearing has been scheduled to obtain comments on the
formulation of the document and on the Citys use of Federal funds to
address housing, services for the homeless, supportive housing service
and community development needs, and the development of proposed
activities. Another purpose of this session is to answer and discuss
questions concerning the Proposed 2017 Consolidated Plan: One Year
Action Plan. In addition, at this forum, agency representatives will
receive comments on the Citys performance of Consolidated Plan
activities in 2015.
Questions concerning New York Citys Consolidated Plan should be
sent to Charles V. Sorrentino, the New York City Consolidated Plan
Coordinator, the Department of City Planning, 22 Reade Street, 4N,
New York, NY 10007, or call (212) 720-3337.

$1000

Public comments regarding the Proposed 2017 Consolidated Plan

One-Year Action Plan may be submitted in a MS Word or Adobe PDF
file to: Con-PlanNYC@planning.nyc.gov.
The City of New York
Bill de Blasio, Mayor
Carl Weisbrod, Director, Department of City Planning

a6-20

TRANSPORTATION
NOTICE

a7

The Department of Transportation intends to enter into negotiations

with a firm to provide title sponsorship (the Title Sponsor) for the
Summer Streets Program (the Program). NYCDOT has conducted
sponsorship outreach but was directly approached by the Title Sponsor
to provide such funding and activations for the Program. NYCDOT has
concluded that it is most advantageous to negotiate with the Title